a request was made to the Supreme Court to cancel the orders that suspended the act.
In the event that the Supreme Court is seen to have “failed,” members of the legal community have issued a warning that they will begin a nationwide movement.
The legal community in ISLAMABAD expressed “serious concern over the Supreme Court’s role in the prevailing serious political crisis” on Monday and urged it to “recall the interim orders” suspending the planned Supreme Court (Practice and Procedure) Act 2023.
They issued a warning that if the supreme courts failed to recall its temporary orders, the properly elected representatives of the bar councils and associations would be forced to urge the legal community to start a national movement to defend the citizens’ democratic and constitutional rights.
The legal community “will mark April 18 (Tuesday) as a Black Day in protest against the suspension of the ‘Supreme Court Practice and Procedure Act, 2013’ by the Supreme Court of Pakistan,” according to a joint statement released after a meeting of representatives of Pakistan, provincial/Islamabad bar councils, high courts, and Supreme Court bar associations.
The statement said that for the past 20 years, “the legal fraternity has continuously called for amendment to the SC Rules, 1980, with respect to the exercise of powers by the Hon’ble Chief Justice of Pakistan on frequently taking Suo Motu notices under Article 184(3) of the Constitution, which also includes discretionary powers with regard to constitution of benches and fixation of cases in urgent matters,” it added.
This Representative Conference is of the opinion that the proposed “Supreme Court Practice and Procedure Act, 2023” be passed by parliament on the unanimous and consistent demand of the legal community, as this will serve the interests of the general public and advance the principle of judicial independence, it continued.
The Representative Conference also took into account “filing of the Petition under Article 184(3) of the Constitution before the proposed Act comes into effect and passing of the interim Orders suspending the proposed Act by the bench of judges of the choice of Hon’ble Chief Justice excluding the senior most Judges of the Supreme Court” before the proposed Act takes effect.
The joint declaration noted that “the six judges in the bench are those whose appointments have always been questioned by the legal fraternity and so also by the members of the Judicial Commission of Pakistan as the appointments were made by violating the principal of seniority and without laying down any criteria by amending the rules of the JCP, as being demanded for the last several years,” adding that such orders of suspending the “act” would never be accepted by the legal fraternity.
In the same sentence, they made “a serious note on the holding of the so-called ‘Roundtable conference’ by some of the politically motivated and disgruntled bar elements with political motives”
“This Representative Conference also takes serious note of the holding of a news conference by senior retired military officers who have claimed to support the serving officer with political motives. Such efforts, it appears, will lead to further escalation of the political crises and derailment of the entire constitutional process.”
The attorneys also supported the government’s demand that the curative review against Justice Qazi Faez Isa be withdrawn.
“This Representative Conference welcomes the action taken by the current administration with regard to withdrawing the curative review against Hon. Justice Isa, Judge, Supreme Court, filed by the preceding administration and has expressed its concern as no final order is being passed by the Hon. Chief justice despite the appearance of the learned attorney general for Pakistan to pursue the said withdrawal,” the statement reads.
The conference also demanded that the current administration and the dominant political parties hold a “All Parties Conference inside or outside of parliament” to “resolve the political and constitutional issue” and to hold “free, fair, and transparent elections of the national and provincial assemblies at one time on the date to be agreed upon by all the political parties in accordance with the mandate of the Constitution.”
“The conference is of the considered opinion that the political issues and crises is always to be resolved by the political parties through mutual deliberation and not through court of law,” the statement from the conference reads.
The legal community also urged the Supreme Court to “show restraint from escalating the political crisis by giving the political parties time to resolve the political issues and by recalling the interim orders suspending the proposed ‘Act’.”
They also revealed that the Balochistan Bar Council will host the Pakistan Bar Council’s convention on May 6.
